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UNITED STATES v. MAHLER

Cr. No. 156-341.

181 F.Supp. 900 (1960)

UNITED STATES of America, v. George B. MAHLER, Sam Moskowitz and Irving Elins, Defendants.

United States District Court S. D. New York.

March 10, 1960.

Attorney(s) appearing for the Case

S. Hazard Gillespie, Jr., U. S. Atty., New York City, for the United States, Herbert F. Roth, Asst. U. S. Atty., of counsel.

Edward S. Friedland, New York City, for defendant Sam Moskowitz.

Thomas F. Burchill, Jr., New York City, for defendant George B. Mahler.

Jean C. Wittner, New York City, for defendant Irving Elins.

WEINFELD, District Judge.

The defendants move to dismiss the first and third counts of the indictment on the ground that prosecution is time barred under the applicable statute of limitations.1

The first count charges the defendant Mahler with willful tax evasion with respect to his and his wife's 1951 return.2 The codefendants are charged with aiding and abetting.

The third count, which charges...

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